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Court of appeals of texas, tyler.

Appellant, John Mark Houston, appeals from his conviction for attempted aggravated kidnapping. In one issue, Appellant contends that the indictment is fundamentally defective. We affirm.

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Count 1 alleges that Appellant. This appeal followed. In his sole issue, Appellant contends that Count 1 in the indictment failed to give him adequate notice of the charge against him. Accordingly, he maintains that Count 1 of the indictment is fundamentally defective.

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A person commits aggravated kidnapping if he intentionally or knowingly abducts another person with the intent to inflict bodily injury dating agencies in Spartanburg SC the person or violate or abuse the person sexually.

Accordingly, the offense is comprised of two elements: 1 intent to abduct, and 2 intent to commit an aggravating element.

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When a particular intent is a material fact in the description of the offense, it must be stated in the indictment. The presentment of an indictment or information to a court vests the court with jurisdiction over the case.

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State, S. The court of criminal appeals has consistently held that indictments that omit an element of the crime charged, although defective, are valid indictments. Teal v. State, Ss. The test is whether, looking at the indictment as a whole, are the court and the defendant able west dating Hickory NC determine from the face of the indictment that the instrument intends to charge an offense for which the court has jurisdiction.

See Kirkpatrick v.

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On appeal, Appellant contends the indictment is fundamentally defect because it fails to allege the specific intent required of assault, the specific intent to prevent a person's liberation, and the specific intent of the aggravating element, i. See TEX. However, the alleged defects in the indictment are within that class of defects, errors, or irregularities in form or i Valley AL a woman looking for a woman which must be challenged by objection prior to trial.

Appellant's failure to raise an appropriate objection before trial forfeits his right to complain of any defects, errors, or irregularities on appeal.

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See Kirkpatrick, S. Under these circumstances, we conclude that the indictment was not fundamentally defective. THIS CAUSE came to be heard on the appellate record and briefs filed herein, and the same being considered, it is the opinion of this court that there was no error in the Huntington teen free online.

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Reset A A Font size: Print. Court of Appeals of Texas, Tyler.

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Applicable Law A person commits aggravated kidnapping if he intentionally or knowingly abducts another person with the intent to inflict bodily injury on the person or violate or abuse the person sexually. Analysis On appeal, Appellant contends the indictment is fundamentally defect older dating agency Greensboro it fails to allege the specific intent required of assault, the specific intent to prevent a person's liberation, and the specific intent of the aggravating element, dating 50s Irving. Appellant's sole issue is overruled.

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